Resettlement Planning Document Short Resettlement Plan for Purba Sarail-Madai Subproject Document Stage: Draft for Consultation Project Number: 39432 November 2008 BAN: Preparing the Participatory Small-Scale Water Resources Project III Prepared by Local Government Engineering Department. The short resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. PROJECT PREPARATORY TECHNICAL ASSISTANCE ADB TA 7041-BAN ATTACHMENT A-2 TO SUPPLEMENTARY APPENDIX M Purba Sarail-Madai Subproject Short Resettlement Plan for the Participatory Small-Scale Water Resources Project 30 November 2008 Local Government Engineering Department Local Government Division Ministry of Local Government, Rural Development and Cooperatives People’s Republic of Bangladesh LGED, Bhaban, Sher-e-Bangla Nagar, Agargaon, Dhaka The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature EXECUTIVE SUMMARY One of the components of the Participatory Small-Scale Water Resources Project (the Project) is to construct water management infrastructure. The Project objectives will be achieved through the participation of stakeholders in identification, implementation, improvement and management of water management related infrastructures. The Project infrastructure is diversified, including: re-excavation and improvement of khal (channels, or rivulets); construction of levees on the bank of khal; construction and supplementary irrigation in monsoon/dry season. In addition, suitable hydraulic structures will be constructed The main objective of the Project is to enhance agricultural production, poverty reduction and economic growth in subproject areas. Project objectives will be achieved through the participation of stakeholders in identification, implementation, improvement and subsequent operation and maintenance of small scale water resources management systems. The short Resettlement Plan (RP) for Purba Sarail-Madai subproject is indicative, given that detailed design has not been prepared during the project preparation. As part of the Detailed Measurement Survey (DMS), a census/socioeconomic survey (SES) will be undertaken upon completion of the subproject’s detailed design (DD) to identify all affected persons (APs), their socioeconomic status, and the extent to which they will be affected, including an assessment of their residual properties/assets in the locality. Based on the DMS, a finalized RP will then be prepared. The Purba Sarail-Madai Subproject area is in Punat Union, Kalai Upazila, Joypurhat District and is bounded by the Joypurhat - Bogra National Highway in the North and by the Nungolar Nadi on the South - the eastern and western boundaries being the rural roads and lines of higher grounds (vita) containing homesteads and villages. The subproject site can be approached from Joypurhat by the Joypurhat-Bogra Highway. Some 5,819 people live in 1,142 households in six villages, namely: (i) Dogan; (ii) Madai; (iii) Punat; (iv) Tishrapara; (v) Kharpa; and (vi) Bafalari, in the subproject area. Of these a total of 3,154 people in 618 households are considered to be subproject beneficiaries The subproject as proposed has a gross area of 763 ha with a net benefited area of 732 ha. The Purba Sarail-Madai Khal (drainage channel), the principal drainage channel of the subproject, originates from Udaypur Union of Kalai Upazila by collecting surface runoff from agricultural fields. The total length of the khal is 13 km of which about 4 km is outside the subproject area on the North and the remaining 9 km is within the proposed subproject. The total catchment area of the khal at the lower end of the subproject is 1,744 ha; but the khal is silted to a large extent leading to extensive crop loss due to flash flooding and water logging. Excavating the khal will release water and protect the Boro and Aman crops. The main elements of construction activity for the subproject are: o Re-excavation of 8.80 km Purba Sarail–Madai khal o Construction of two water retaining structures (WRS) in the khal facilitating and retaining water for irrigation and o Construction of a community crop processing and storage facility The subproject will not acquire any private land as all the land within the khal and the place where the WRSs are going to be constructed are khas land, i.e., owned by the Government. However, people have been cultivating these lands for generations, and it is estimated that the i subproject will affect 237 affected Households (AHHs), with a population of 1,208, who will lose some portion of their livelihood for a time, including agriculture and fisheries by temporarily shifting them from the fields they cultivate. No homestead or commercial enterprises (CBEs) will be affected by the subproject, so no relocation of residential structures or CBEs are required, although nine households will lose trees for which they will receive compensation at market value.1 The 237 affected households, as per the entitlement matrix, will be compensated for their temporary loss of access to the khas (Government) land by a transition allowance equivalent to one year's net income from the cultivable land based on market value of the crops. There will also be an income restoration strategy for vulnerable APs irrespective of legal titles to affected property. As the subproject has a very insignificant impact on the property or livelihood of the AHHs, the APs themselves in focus group discussions have indicated that they will get more benefit from the subproject than loss. They will also be beneficiaries, having the land they use protected from flash flooding and water-logging and able to retain monsoon water within the subproject area for irrigation in the Winter season. Fishing (open water and cultured) opportunities will also be enhanced and improve their socioeconomic condition. In addition to the above directly affected APs, about 400 HHs along the khal will be unable to use a strip of their cultivated agriculture land for one season, as excavated spoils will be temporarily stored on this land. These APs will receive crop compensation at market value by the Contractors, as specified in their contracts under damage and management costs; and payment will be monitored through the Environmental Management and Mitigation Plan (EMMP). There will not be any negative impacts on common property resources (CPRs) such as mosques, schools, or Union Parishad offices. The subproject’s policy is to minimize adverse resettlement impacts and reduce the number of affected persons (APs) by continuously reviewing the design to minimize land acquisition and resettlement requirements. All possible means have been explored to minimize or avoid resettlement and land acquisition impacts by modifying the engineering design. This has been carried out in close consultation with those affected. No works under any contract awarded under the subproject will commence until all required compensation payments and/or other assistance have been made available to those affected. As the subproject will have minimum resettlement effects and the scope for resettlement will not be large, establishment of a resettlement unit to take care of resettlement issues independently will not be necessary. Integrated Water Resources Management Unit (IWRMU), with the support of the project implementation consultants (PIC), will prepare RPs during the preparation stage of candidate subprojects. The Local Government Engineering Department (LGED) will 1 Resettlement is not required for this subproject, but according to the approved Resettlement Framework (RF), where resettlement does occur it will be implemented in all subprojects in accordance with the policy on involuntary resettlement of the Asian Development Bank (ADB) and following The Acquisition and Requisition of Immovable Property Ordinance (ordinance II of 1982) and its subsequent amendments in 1993 and 1994. The RF applies to all involuntary resettlement effects, including displacement of non-titled people, arising from land acquisition or conversion, or any other effects that result from project works. Those affected will be helped to maintain at least their standard of living at pre-project level. All losses, including of land, crops, trees, structures, business, employment, and workdays and wages, will be fully compensated, including those incurred by non-titled people. ii appoint a Chief Resettlement Officer (CRO) within the IWRMU Social and Gender Development Section who with the Safeguards Officer of the Environment and Safeguards Section will manage RP implementation and monitoring. Social preparation is an essential part of the planning and implementation of the resettlement process. The Local Government Engineering Department (LGED) and Upazila officers will in conjunction with water management cooperative association (WMCA)/Union Parishad (UP) representative inform APs of the subproject impacts, and their entitlements and rehabilitation options under the RP. Copies of the draft RP will be distributed amongst the WMCA including APs. A grievance redress committee (GRC) will be formed at the Union level. The Ministry of Local Government, Rural Development and Cooperatives (MoLGRDC) will notify authorizing LGED District Engineer to form GRC at the Union Level. LGED’s community organizer (CO), who